Acórdão nº 9530654 de Court of Appeal of Porto (Portugal), 04 de Julho de 1996
Magistrado Responsável | SOARES CURADO |
Data da Resolução | 04 de Julho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART500 ART1305 ART1311 ART342.
Jurisprudência Nacional: AC STJ DE 1979/05/15 IN BMJ N208 PAG300.
Sumário: I - O gerente de uma agência bancária que, nessa aparente qualidade e agindo também como mandatário de um cliente do respectivo banco a quem atendia também naquela qualidade, recebeu desse cliente, na aludida agência e para depósito no respectivo banco, importâncias várias, tendo chegado, para titular os correspondentemente desejados depósitos a prazo, a entregar ao cliente documentos impressos e timbrados daquele Banco com o preenchimento aparentemente normal dos pretendidos títulos de depósitos a prazo finalizados com a rúbrica de tal gerente, é responsável perante o cliente por tais importâncias que não deram entrada nos cofres do respectivo banco, mesmo sem a prova de que daquelas importâncias haja tirado proveito próprio. II - Em tal hipótese, ocorre a relação de subordinação de tal gerente à respectiva...
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